Eviction of squatters

[pilgrim2]

Long story cut short..... daughter 23 yrs old rented her house to lady with a contract. She paid the first months rent, then said she was longer going to live there and moved out and handed the keys over to her 40 yr old unemployed son , she refused to terminate the contract saying my daughter had to prove that she was not living there. No rent has been paid for 2 months. Her solicitor (useless) has sent a ¨demanda¨ but to date has not informed her if it has been received.

In the meantime my daughter has denounced both the mother and son for amongst other things the son being verbally abusive and threatening on the phone. The police officer wrongly advised her she could cut off the water and electric. She has had the water cut off, this resulted in the son calling the solicitor and the solicitor telling daughter that the son is going to denounce her. She is considering cutting off the electricity supply. What is the worse that could happen to her if she goes ahead? A fine perhaps? She has now taken a second job to try to makes ends meet, she cannot afford to pay for someone else to live in her house, fight the eviction and live! She is understandably very stressed.

To start with a change of solicitor is on the cards for next week.

Any input of what to do next, that's if anything else can be done.

She has been advised that she should not have gone down the legal route, it would have been easier to get him out without the law involved.

[scotty]

Move in with the son ! She needs to get a few friends (noisy) to move in with her into the house. After two or three days of people eating his food from the fridge and being "everywhere" in the house he will move on. Remember he is a trespasser. He has no permission to be there as he has no lease with your daughter. I'll do it for you if you pay my flights . The Irish are good at this.

[swerve]

Don't cut the electric off as it will cost a fortune to get it put back on. Spain is not like the uk I've read a post on here where a person wasn't living in a house and didn't want to pay the standing charge and had to pay a lot of money to get it put back on. Can she not just wait till this person goes out and get the locks changed. I hope you get it sorted best of luck.

[Martin Page]

I know it sounds sever .... but the Spanish gather the family together and evict wayward tenants with, how can you put it, extreme menace ?

Possession is 9/10 of Spanish law - you stand next to no chance of getting him out under law before he has utterly trashed the place. Throw him and his possessions out, first removing his phone from him, and have someone tough move in.

I know its not politically correct sid .... but when in Spain ..etc
Spanish law will always protect the tenant !!! - the joys of a socialist country
...and I didn't say rent-a-thug !

[Unicorn]

I got stuck with someone from another EU country for over a year who had gone in with a holiday contract. I would suggest that my unwelcome guests were ´professionals´at this, and knew all the tricks. They just disappeared eventually, I think having received court papers. I was lucky that they went as apparently they had the right to be there up until the court date, at least. Estepona is painfully slow with legal things.

(They paid for a while then just said they didn´t want to pay any more, so there!)

The only ray of light is that they left it is reasonable order, ie did not trash it.

Will now not let out unless someone has a plane ticket in hand.

[pensure1988]

Can anyone help us with this problem please.

I refer an article in 2018 about the New Law regarding squatters in Spain. I believe it is easier to evict squatters.

I have a query which has been asked by a friend of mine. A squatter has been living in a particular house for the past 6 years now. The Owner has disappeared and has not been seen for 6 years. The Squatter has apparently been paying the Electricity Bill in the owners absence.. Also the Owner has been taken to court for outstanding Community Fees. In the meanwhile my friend hears that the Squatter has been paying 100 Euros a month off against this Community Fee Debt to their Urbanization Administrator. Surely this is not a Legal Process.We believe the Escritura is still in the Original Owners Name,but we are not sure.
In view of these Payments being made every month,can this Squatter and his Family still be thrown out of this house that he has been illegally squatting in during these past 6 years by obtaining a Court Order.

Thank You

David

[jhonie99]

Firstly, u don't know the actual status of the person living in the house. I'm "squatting" in my partner's house!

Secondly, u don't own the house so it's none of your business and a court would say the same.

If there are anti-social issues, etc. u can only get the authorities to pester him and hope that he leaves. But, these squatters are much more up to date on legal matters than the majority of lawyers in Spain.

Okupas is an accepted fact of life in Spain, particularily whilst we have a far left government who applaud the situation.

[Pamela1]

Sounds like you take your chances renting out your property in Spain!

[elusive]

Sounds like quite a nice squatter lol.

I doubt them paying some bills would have any effect of what is illegal squatting. I would think it would be very difficult to do anything if the wear abouts of the owner are not known. And as others say maybe they are known to the owner? I cant see you having any rights to do anything unless they are causing social disturbance issues.